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1.The judgment of the first instance shall be modified as follows:
Defendant B shall provide each real estate listed in the separate sheet from the Plaintiff.
Reasons
1. Basic facts
A. On April 5, 2007, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) sold shares of 246,153.6/1,91,735 square meters of land, each of which was 246,153.6/1,71,735 square meters of land E with the wife population E, 1,140 square meters of forest land, F forest land 32,826 square meters of forest, G 1,755 square meters (hereinafter “each of the instant real estate”) at the auction procedure, and acquired the ownership thereof on January 17, 2008. In the auction procedure on January 17, 2008, the ownership thereof was acquired by selling shares of 1,398, 198, 1,911,735 square meters of land E with the wife population E, 140 square meters of forest land, and F forest land 32,826 square meters of land.
B. On March 207, 2007, Defendant B anticipated that the land price will rise as a new plan by entering H industrial complex near each of the instant real estate near the instant real estate, and recommended Defendant B to purchase part of the instant real estate in advance.
C. Accordingly, on April 2, 2007, the Plaintiff decided to purchase 500 square meters among each of the instant real estate, and paid KRW 180 million to Defendant B. Defendant B, the representative director of the Defendant Company, delivered the above KRW 180 million to I, and the other party received the receipt (hereinafter “instant receipt”) as the Plaintiff and delivered it to the Plaintiff. The instant receipt was written by the issuer as “Attorney D,” and the stamp stamp was affixed thereon.
Since then, the registration of establishment of a neighboring real estate (hereinafter “registration of establishment of a neighboring real estate”) with respect to each real estate on April 5, 2007, which the Defendant Company sold at the auction procedure and acquired the ownership of each real estate (hereinafter “share of each real estate of this case”), was completed as to the registration of establishment of a neighboring real estate (hereinafter “registration of establishment of a neighboring real estate of this case”) in the Suwon District Court, Suwon District Court, Maz. 105983, May 7, 2007, which was received on May 7, 2007.
E. On September 14, 201, the Plaintiff filed a complaint against Defendant B as a fraud.